Appeal 2007-4133
Application 11/153,583
method has advantages over prior art methods, such as less consumption of
the expensive bromide ion source, as well as long-lasting biocidal activity
(id. col. 6, ll. 62-65). In addition, Shim also teaches that if the stabilized
hypochlorite and bromide ion are stored concentrated in the same pack, the
chlorites and the bromide ion do not react (id. at col. 7, ll. 23-26). When the
concentrate is diluted, they begin to react to form hypobromous acid (id. at
ll. 27-30).
Thus, the Examiner may wish to explore whether it would have been
obvious to one of ordinary skill in the art to substitute the stabilized
hypochlorite and bromide composition as taught by Shim for the stabilized
hypobromite solution in the antimicrobial composition of McCarthy. In that
regard, we note that “[t]he combination of familiar elements according to
known methods is likely to be obvious when it does no more than yield
predictable results.” KSR Int’l Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 82
USPQ2d 1385, 1395 (2007).
CONCLUSION
In summary, because we find that the Examiner has not set forth a
prima facie case of anticipation, the rejection of claims 2-6 under 35 U.S.C.
§ 102(b) over McCarthy is reversed.
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